Green, R. v. Pennsylvania Hospital.

lN THE SUPREME COURT OF PENNSYLVAN|A EASTERN D|STR|CT RONALD GREEN AS THE EXECUTOR OF THE ESTATE OF JOSEPH FUSCO, Petitioners PENNSYLVAN|A HOSP|TAL AND CONTR|BUTORS TO PENNSYLVAN|A HOSP|TAL AND STELLA BARBER, RN AND SYLV|A AQU|NO, RN AND LOR| 1 NO. 89 EAL 2014 Petition for Allowance of Appeal from the : Order of the Superior Court YAK|SH, RN AND KELLY A. CARR, RRT AND JA|\/|ES KEARNEY, |\/|D AND STEVEN A. GLASSER, |\/|D AND JOHN D. SPRAND|O, JR., |\/|D AND BORA L||V|, |\/|D AND EUGENE |\/|. LUGANO, |\/|D AND ANTHONY G|ORG|O AND LOR| J. RHOADES, Respondents ORDER PER CUR|AM AND NOW, this 20th day of August, 2014, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are: (1) hospital or its agents'? Where a physician provides emergency treatment at the request of a hospital for a person who was not previously the physician’s patient, and does so negligently thereby causing the patient’s death, may the patient’s estate reach the jury on a claim that the hospital is vicariously liable under a theory of ostensible agency for the negligent conduct of that physician because a reasonably prudent person in the patient’s position would be justified in the belief that the care in question was being rendered by the Whether this Court’s statement in footnote 8 of its ruling in Freed v. Geisinqer l\/ledical Center, 971 A.2d 1202, 1212 n.8 (Pa. 2009) -- that l\/lCARE’s limitation on who may provide causation testimony in a medical professional liability action against a physician does not apply where an expert witness nurse is testifying in support of a liability claim against a nurse -- permits an expert witness nurse to provide causation testimony solely on a claim against a nurse defendant in a suit where the plaintiff has also sued the doctors alleging further injuries stemming from the doctors’ additional acts of negligence? [89 EAL 2014] - 2